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Tasmania

Juvenile Offenders Act 1875



39 Victoria No 6: An Act for the more effectual Punishment of Juvenile Offenders (30 September 1875)

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2. When any male person whose age does not exceed Nineteen years is convicted of --

  1. Any assault occasioning actual bodily harm, or any offence against the person of a higher degree which includes an assault;
  2. Any indecent offence;
  3. Any disturbance of the peace accompanied by the use of obscene or indecent language on the part of such an offender;

before any Judge of the Supreme Court, or a Recorder of any Court of General Sessions of the Peace, or before the Police Magistrate of Hobart Town or Launceston respectively, such Judge, Recorder, or Magistrate, as the case may be, may, in lieu of or in addition to any punishment by law authorised for the offence of which such person is convicted, sentence such offender to be once, twice, or thrice privately whipped in some Gaol, and to be there detained until whipped; and the number of strokes, and the times when the same shall be inflicted, shall severally be specified in the order, sentence, or conviction awarding such punishment.

The number of strokes inflicted at each whipping shall not exceed Fifteen; and in the case of any offender whose age does not exceed Fourteen years the number of strokes inflicted at each whipping shall not exceed Twelve; and in all cases the instrument used shall be a rod of twigs, or a cane, or a leathern strap, to be provided under the direction and approval of the Sheriff.

In any case in which such offender shall be convicted before a Judge of the Supreme Court of a capital offence, it shall be lawful for such Judge, if he sees fit, instead of directing the sentence of death to be recorded against such offender, to direct that such offender be imprisoned for such period as to the Judge may seem meet; and that such offender shall be during the term of such imprisonment once, twice, or thrice privately whipped as aforesaid.

3. Whenever an offender is sentenced to be whipped more than once, there shall be an interval between each whipping of not less than Twenty-four hours.

4. When any offender is sentenced to be whipped as aforesaid, such sentence shall be carried out in the presence of the Gaoler of the Gaol wherein such offender has been sentenced to be whipped, by some officer appointed by the Sheriff for that purpose.

5. When any offender is sentenced to be whipped more than once, every whipping after the first shall be inflicted in the presence of the Medical Officer of the Gaol or some other legally qualified Medical Practitioner.

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